Benjamin v. Commissioner of Social Security

Filing 12

ORDER granting 9 Motion for Attorney Fees signed by Judge David W. Christel. (GMR)

Case 2:21-cv-01472-DWC Document 12 Filed 05/06/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CARLOS E. BENJAMIN,
Plaintiff,

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CASE NO. 2:21-CV-1472-DWC
ORDER ON MOTION FOR
ATTORNEY’S FEES

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

For the reasons set forth in the parties’ stipulated motion for attorney fees under the

17 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, the
18 Motion (Dkt. 11) is granted and IT IS HEREBY ORDERED AS FOLLOWS:
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Plaintiff is awarded $969.00 in fees, $24.52 in expenses, and $402.00 in costs under the

20 EAJA. Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this
21 Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31
22 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not
23 to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1)
24 determines that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that
ORDER ON MOTION FOR ATTORNEY’S FEES 1

Case 2:21-cv-01472-DWC Document 12 Filed 05/06/22 Page 2 of 2

1 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3)
2 agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made
3 payable to Plaintiff’s attorney. However, if there is a debt owed under the Treasury Offset
4 Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act,
5 and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but
6 delivered to Olinsky Law Group. Any payment of costs may be made either by electronic fund
7 transfer (EFT) or by check.
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Olinsky Law Group EIN 26-2258247

9 Whether the check is made payable to Plaintiff or to Olinsky Law Group, the check shall be
10 mailed to the following address:
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Olinsky Law Group
250 S Clinton St Ste 210
Syracuse NY 13202
Plaintiff’s first Motion for Attorney Fees (Dkt 9) is denied as moot.
Dated this 6th day of May, 2022.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON MOTION FOR ATTORNEY’S FEES 2